Desperately Need some legal advice re: My Credit Report/Score

[JohnGalt]

Oooooh

Federal statute of limitations on cell phone debt is 2 years - zing! So take note that you aren't going to be sued. If they are that stupid then you can turn around and nail them.

 

[Duff_Man]

Originally Posted by FStyles

Suing t-Mobile for $800 would be like sewing my own asshole shut and stuffing my face with Linguine and clam sauce.
While actually suing them isn't advisable, I was suggesting that maybe the threat would get their attention. If they bring up the standard form contract you signed, question it on constitutional grounds. Standard Form Contracts are notoriously fucked up and most companies would rather them not see the light of legal day/be challenged. EDIT: Caveat, I know jack **** about ****. EDIT 2: You better have said that to the CS rep word for word (the Lobbs and pocket square bit)

 

[Mark it 8]

This is a very informative thread. I'm pulling for you Frank, I hate getting jerked around by big corporations.
EDIT: Also, I would stop talking to them and get some careful advice before your next communication- make sure you are clear on the legal interpretation of what you say so you dont unwittingly put yourself in a bad position.

 

[J'aimelescravates]

They have failed to validate the debt at this point, period. Send them a cease and desist letter. Send a copy of the letter along with a dispute, CMRRR as John stated earlier, to the credit bureaus stating that they failed to provide proof that the debt is yours, they failed to respond to your DV request in time and therefore the account needs to be deleted from your report.

 

[FStyles]

Originally Posted by JohnGalt

Oooooh

Federal statute of limitations on cell phone debt is 2 years - zing! So take note that you aren't going to be sued. If they are that stupid then you can turn around and nail them.


man I'm an idiot. I have no idea what this means.

Originally Posted by J'aimelescravates

They have failed to validate the debt at this point, period. Send them a cease and desist letter. Send a copy of the letter along with a dispute, CMRRR as John stated earlier, to the credit bureaus stating that they failed to provide proof that the debt is yours, they failed to respond to your DV request in time and therefore the account needs to be deleted from your report.

How can i tell if they've validated the debt or not?

I'm absolutely marsupialed in this type of stuff and am trying to make sense of it.

 

[uhurit]

Originally Posted by Journeyman

No offence, but this sounds suspiciously like some "freeman on the land" stuff.

FStyles would have been given a copy of the contract binding both parties when he signed the initial contract several years ago - y'know, when he signed up to a phone plan? And he's been advised of the amount that he owes, in telephone bills. He acknowledges that.

And what does "actual accounting figures" mean, anyway? A copy of the company's profit and loss statements? The amount that it actually cost them to provide him with a service? They're under no obligation to provide those figures to him. When you go to buy your groceries, do you go up to the checkout operator and say to him/her, "You've charged me $10 for this big sack of potatoes. Before I pay for it, can you please show me the actual cost that you incurred in obtaining these potatoes and in stocking them so that I can purchase them? Also, when you present me with the invoice for my groceries, can you please sign the invoice, otherwise I do not consider it to be a valid invoice and I will not consider that I need to pay you."?

I think that FStyles is looking for some useful, practical advice, not something that will have him running around in circles engaged in a fruitless and frustrating exchange of paper with a large company.


STFU, sir

 

[Dakota rube]

Originally Posted by JohnGalt

Federal statute of limitations on cell phone debt is 2 years - zing!

Truly?
So, after two years the debt vanishes? Or the ability to sue to seek payment ceases?

 

[JohnGalt]

Originally Posted by Dakota rube

Truly?
So, after two years the debt vanishes? Or the ability to sue to seek payment ceases?

This

http://www.law.cornell.edu/uscode/ht...5----000-.html

 

[dagman1]

Not actual legal advice. But a friend of mine had a similar problem and this is how he proceeded.

First, do not pay the bill. That's admitting you are in the wrong, which validates the mark on your credit score by the fact that you haven't paid a bill that was due for 4 years.

Second, whether you have a paper contract or not, you entered an oral contract with them to modify your current contract and add a feature to your phone. Hopefully you've at least written down the date and time you talked to the agent, and even better would be to have his or her name.

Third, at this point they've probably refered the charges to a collection agency. I would write the company and the collections agency, and make sure they know you dispute the charges and why you dispute them. I'm not sure how it works in the U.S. but I wouldn't be surprised if there is a mechanism that allows you to dispute an item on your credit score through some sort of arbitration.

Fourth, next time you go the the bank to get any type of loan or mortgage, explain the situation to the agent and tell them you dispute the charges. There is a good chance they will be willing to put a note on your file saying your dispute the charges. In Canada, I know disputes about cell phone bills are common, and if you have a high income and no other credit blemishes, I've heard they generally just ignore entries from cell phone companies.

 

[dagman1]

Disputing your credit report: http://www.ftc.gov/bcp/edu/pubs/cons...dit/cre21.shtm

 

[J'aimelescravates]

Originally Posted by Dakota rube

Truly?
So, after two years the debt vanishes? Or the ability to sue to seek payment ceases?

The ability to sue for the debt ceases. Reporting will still take 7 years

 

[lawyerdad]

Originally Posted by JohnGalt

This

http://www.law.cornell.edu/uscode/ht...5----000-.html

Are you sure that's applicable? The link you provide doesn't provide the broader statutory context, so I can't tell at a quick glance whether the OP's situation would fall within its general scope. I noticed a reference to actions before the "Commission", which I take to mean the FCC. I don't know that the FCC has adjudicatory authority over contract disputes between individual cell phone customers and their providers. Not my area of expertise at all, but I would be slightly surprised if that were the case.

Unless there's federal pre-emption (which there may be, i don't know) I would expect state law to govern. In most places, the statute of limitations for breach of a written contract is considerably longer than two years.

 

[FStyles]

I'm SOOOOOOO glad the theme of this thread went from "bend over" to genuine help towards the middle of the 1st page.

Guys-you rock, and just remember that it all comes back the other way =)

 

[dagman1]

Complaining to the FCC: http://esupport.fcc.gov/complaints.htm

 

[J'aimelescravates]

Originally Posted by FStyles

man I'm an idiot. I have no idea what this means. How can i tell if they've validated the debt or not? I'm absolutely marsupialed in this type of stuff and am trying to make sense of it.
Have they sent you any paperwork indicating the amount owed, final statement, etc? Any FDCPA complaint responses from them? Most likely not which means they haven't validated the debt...Any and all collection activity on the account(including reporting/updating with the credit agencies) must cease or you can sue them per violation. side note: Any violations that they have committed so far would be good leverage in your favor of having the account removed. But don't threaten lawsuit unless you would actually go through with it